What Happens When Your Spouse Doesn't Respond: The CT Divorce Default Process

Filing for divorce is a significant and often stressful step. You’ve navigated the complex forms, summoned your courage, and officially started the legal process. But what happens when your efforts are met with silence? You serve the divorce papers, you wait, and… nothing. Your spouse doesn't respond, doesn't file any paperwork, and doesn't acknowledge the proceedings.

For many, this is a moment of panic. Am I stuck in this marriage forever? Can my spouse stop the divorce simply by ignoring it?

The answer in Connecticut is a clear and resounding no.

The Connecticut judicial system anticipates this exact scenario. A non-responsive spouse cannot indefinitely halt your divorce. Instead, the law provides a specific, structured pathway known as the Connecticut divorce default process. This legal mechanism ensures your case can move forward to a final judgment, even without your spouse's participation.

This article serves as your comprehensive guide to this critical procedure. We will demystify the concept of a "default" in family court, breaking down the unique rules that apply under the Connecticut Practice Book. You will learn:

The precise definition of a default in a Connecticut divorce.
The mandatory waiting periods you must observe before taking action.
A step-by-step guide to filing a Motion for Default.
The critical importance of the Affidavit Concerning Military Service.
What to expect at the final default hearing and why it's almost always required.
How to navigate the process correctly to achieve a final, legally sound divorce decree.

While your spouse’s silence can be frustrating, it is not a roadblock. By understanding and correctly following the default process, you can regain control and move toward resolution.

Understanding the "Default" in a Connecticut Divorce

Before diving into the procedural steps, it's essential to understand what the term "default" truly means in the context of a family law case. It’s a legal term of art with a specific meaning that differs from its everyday use.

What Does It Mean for a Spouse to "Default"?

In a Connecticut divorce, a default is not a "win" or a "loss." It is a procedural status that the court assigns to a party who fails to perform a legally required action within the allotted time.

The most common action that triggers a default is the failure of the defendant (the spouse who was served with divorce papers) to file an Appearance form (JD-CL-12) with the court. The Appearance is a simple, one-page document that officially notifies the court and the plaintiff (the filing spouse) that the defendant is participating in the case.

When you file for divorce, the Summons form (JD-FM-3) clearly states a "Return Date." The defendant spouse has two business days after the Return Date to file their Appearance. If they fail to do so, they are at risk of being defaulted.

A Common Misconception: "My Spouse Won't Sign the Divorce Papers"

Many people believe a divorce requires both parties to "sign off" on the final papers. While this is true for a fully uncontested divorce where a settlement agreement is reached, it is not a requirement for the divorce to proceed. Your spouse’s signature is not needed to initiate or finalize a divorce via the default process. Their failure to participate is what allows you to move forward without their consent. The key isn't their refusal to sign, but their failure to formally respond to the court by filing an Appearance.

Why the Family Court Default Process is Different

If you were suing someone over a broken contract (a general civil case) and they failed to respond, a judge might quickly enter a default judgment, awarding you exactly what you asked for. Family law in Connecticut operates under a different, more protective philosophy.

The state has a vested interest in the outcomes of family matters, particularly concerning children and the equitable distribution of finances. A divorce judgment establishes long-term obligations regarding property, debt, potential spousal support (alimony), and child custody. The court cannot simply rubber-stamp one party's demands without scrutiny, as this could lead to unfair or unworkable outcomes.

This principle is enshrined in Connecticut Practice Book § 25-51. This rule mandates that even when one party is in default, the court must still review the case to ensure the final judgment is fair and equitable. The judge acts as a safeguard, reviewing the financial affidavits and proposed orders to prevent a grossly unjust result. This is why, unlike in many civil cases, a default in a divorce case doesn't automatically end the inquiry; it simply changes the procedure for reaching the end.

The Step-by-Step Guide to the Connecticut Divorce Default Process

Navigating the default process requires precision and adherence to strict timelines. Missing a step or filing a motion prematurely can cause delays and require you to start over. Follow this guide carefully to ensure a smooth process.

Step 1: Proper Service and the Initial Waiting Period

The entire default process hinges on one foundational requirement: proper legal service. You must have official proof that your spouse received the initial divorce paperwork. In Connecticut, this is almost always accomplished by a State Marshal, who personally delivers the Summons, Complaint, and Automatic Court Orders to your spouse.

The marshal will complete a "Return of Service" document and file it with the court. This document is your proof. Without a valid Return of Service, you cannot proceed with a default.

Once service is complete, you must wait for the deadline for your spouse to file their Appearance to pass. As mentioned, this is two business days after the Return Date listed on your Summons.

Step 2: The Mandatory 30-Day "Cure" Period

Here is where a critical, often-missed rule comes into play. You cannot file for default the day after your spouse misses their Appearance deadline. Connecticut law provides an additional grace period.

Practice Book § 25-50A(c) establishes a mandatory 30-day waiting period. This period begins after the time for filing the Appearance has passed. The law intends this as a "cure" period, giving the unresponsive spouse a final opportunity to join the case before a default can be entered against them.

Practical Example:

Return Date: July 1st
Spouse's Appearance Deadline: July 3rd (two business days later)
30-Day Waiting Period Starts: July 4th
Earliest You Can File for Default: August 3rd (30 days after the waiting period began)

Filing your motion before this 30-day period has fully elapsed will result in its rejection by the court clerk, forcing you to refile and causing unnecessary delays.

Step 3: Filing the Motion for Default for Failure to Appear (JD-FM-176)

Once the 30-day waiting period is over, you are ready to formally ask the court to recognize your spouse's non-response. You do this by filing the Motion for Default for Failure to Appear (Form JD-FM-176).

This is a straightforward, one-page form where you will:

Fill in the court location, case name, and docket number.
Check the box indicating you are filing the motion against the Defendant.
Check the box for "Failure to appear."
Sign and date the motion.

Crucially, you must also complete the "Certification" section at the bottom. This certifies that you have mailed a copy of the motion to your spouse at their last known address on the date you are filing it. This is another layer of notice required by the court. You will then file the original with the court clerk.

Step 4: The Crucial Affidavit Concerning Military Service

Simultaneously with your Motion for Default, you must file another vital document: the Affidavit Concerning Military Service.

Federal law—the Servicemembers Civil Relief Act (SCRA)—provides active-duty military personnel with specific legal protections, including protection from default judgments being entered against them while they are deployed or otherwise unable to respond.

To comply with the SCRA, the Connecticut court requires you to inform them of your spouse's military status. You must state, under oath, one of three things:

Your spouse is not in the military.
Your spouse is in the military.
You have been unable to determine your spouse's military status after a diligent effort.

To find this information, you can use the official SCRA website, which has a free, public search function that allows you to check an individual's military status using their name, date of birth, and/or Social Security number. If you conduct this search and find no record, you can confidently state that, to the best of your knowledge, they are not on active duty.

Do not skip this step. A judge cannot and will not grant a Motion for Default without a properly executed Affidavit Concerning Military Service on file.

Step 5: The Court's Action and Scheduling the Hearing

After you have filed the Motion for Default and the Military Affidavit, the court clerk will review your case file. They will verify:

That there is a valid Return of Service from the marshal.
That no Appearance has been filed by the defendant.
That the 30-day waiting period has passed.
That the Military Affidavit is on file.

If all requirements are met, the court will grant your motion. This does not mean your divorce is final. It simply means the court has officially declared your spouse to be in default. The case is now reclassified as an uncontested divorce by default.

The court will then schedule a final hearing. You will receive a notice in the mail with the date and time of your hearing.

The Uncontested Divorce by Default Hearing: What to Expect

The final hearing is where the judge will review your case, listen to your testimony, and issue the final divorce decree. Because your spouse is not participating, you will be the only party presenting information to the judge.

Is a Hearing Always Required? The Rule of Practice Book § 25-51

This is a common and important question. The answer, in almost all cases, is yes, a hearing is required.

Practice Book § 25-51(b) governs this issue. It states that the court shall hear the matter and enter a judgment. It gives the judge discretion over whether the hearing is a limited one or a full evidentiary one. However, it provides only one very narrow exception where a hearing might be waived:

...The judicial authority shall not be required to hold a hearing on any motion for default for failure to appear if the moving party is not seeking any orders of the court other than the dissolution of the marriage.

Let's translate this from legalese. If your divorce involves absolutely nothing other than legally ending the marriage—no children, no shared property or debt to divide, and no request for alimony—the judge may, at their discretion, grant the divorce "on the papers" without a hearing.

In reality, this situation is exceedingly rare. Nearly every divorce involves at least one of these factors. If you are asking the court to issue orders regarding child custody, child support, alimony, or the division of any asset or debt, you must have a hearing.

Preparing for Your Default Hearing

Preparation is key to a successful and efficient hearing. You should arrive at court with a complete package of documents for the judge to review:

Your Proposed Orders: This is a document you draft that clearly outlines what you are asking the court to order. It should cover all relevant issues: property and debt division, alimony, and a full parenting plan if you have minor children.
Your Updated Financial Affidavit (JD-FM-6): Your financial situation may have changed since you first filed. You must present an accurate, up-to-date financial affidavit at the hearing.
Affidavit Concerning Children (JD-FM-164): If you have minor children, this form is required.
Child Support Guidelines Worksheet (CCSG-001): This is also required if you have minor children. You will need to do your best to estimate your spouse's income based on any information you have (old pay stubs, tax returns, etc.) to complete the worksheet.
Advisement of Rights (JD-FM-71): This form confirms you understand your rights regarding custody if you have children.
Certificate of Completion for the Parenting Education Program: If you have minor children, you must have completed this mandatory class.

What Happens at the Hearing?

The default hearing is typically a brief and structured event. The courtroom will be relatively empty—it will likely just be you, the judge, a court clerk, and perhaps a court marshal.

The Canvass: The judge will call your case, and you will be asked to come forward and be sworn in. The judge will then ask you a series of standard questions, known as a "canvass," to establish the court's jurisdiction and the basic facts of your case. These questions include:
- "Are you [Your Name]?"
- "Have you lived continuously in Connecticut for at least 12 months prior to filing for this divorce?"
- "Is your marriage irretrievably broken with no reasonable hope of reconciliation?"
- "Were the Automatic Court Orders attached to the papers served on your spouse?"
- "Have you filed an Affidavit Concerning Military Service, and to your knowledge, is your spouse on active duty?"
Review of Orders: After the canvass, the judge will review your proposed orders and your financial affidavit. The judge's role here is to act as a check and balance. They will ask questions to ensure your requests are fair and equitable under Connecticut law. For example, if you have requested all the marital assets, the judge will likely ask you to justify why that is an equitable outcome. Be prepared to explain your requests calmly and rationally.
Judgment: If the judge finds that all procedural requirements have been met and that your proposed orders are fair and equitable, they will grant the divorce. The judge will state on the record that the marriage is dissolved and will issue the final orders. The divorce is effective as of that moment. You will receive a copy of the final Judgment File from the clerk.

Special Considerations and Common Pitfalls

While the process is straightforward, certain issues can arise. Being aware of them can help you avoid complications.

What if My Spouse Suddenly Appears? (Practice Book § 25-52)

A default judgment is not necessarily set in stone the moment it's issued. Practice Book § 25-52 allows a party against whom a default judgment was entered to file a motion to "set aside" or "reopen" the judgment.

The defendant has four months from the date of the judgment to file this motion. To be successful, they must demonstrate to the court that they had a "good cause" for their failure to appear and that they have a meritorious defense to the claims. "Good cause" is more than simply forgetting or choosing not to participate; it typically involves serious issues like hospitalization, a failure of service (i.e., they can prove they never received the papers), or significant duress. If the court grants the motion, the case is reopened, and the divorce proceeds as if the default never happened.

The Challenge of "Service by Publication"

What if you genuinely cannot find your spouse to have a marshal serve them? In these rare cases, you can ask the court for permission to perform "service by publication." This involves filing a motion and an affidavit explaining your diligent but unsuccessful efforts to locate your spouse. If the judge grants the motion, you will be ordered to pay to have a notice of the divorce published in a newspaper. This is a complex, expensive, and time-consuming alternative that should only be considered as a last resort.

Common Mistakes to Avoid

Filing Too Early: Filing the Motion for Default before the 30-day cure period under § 25-50A(c) has passed.
Forgetting the Military Affidavit: This is an absolute requirement and a common reason for rejection.
Assuming You Get Everything: Believing a default means you automatically get 100% of what you ask for. The judge must still find your requests equitable.
Improper Initial Service: The entire process is invalid if the initial service by the marshal was not done correctly.

Conclusion: Your Path Forward is Clear

Discovering that your spouse is ignoring your divorce filing can be disheartening and feel like a major obstacle. However, the Connecticut legal system provides a clear, reliable solution. A non-responsive spouse cannot trap you in a marriage or prevent you from moving on with your life.

The Connecticut divorce default process is your legal path forward. By understanding the procedure, respecting the timelines, and filing the correct documents, you can successfully navigate your case to a final resolution.

Remember the key steps: ensure proper service, wait for the mandatory 30-day period to pass, file the Motion for Default (JD-FM-176) along with the crucial Affidavit Concerning Military Service, and prepare thoroughly for your final hearing. By following the rules laid out in the Connecticut Practice Book, you can ensure that your divorce is finalized legally and equitably, even in the face of your spouse's silence.